Garage damaged my car after service. What can I claim for?

t*ovi

Hi all
Eventually after 100 days after my car broke down as a result of a bad service, the garages insurance company have admitted that they were at fault.
They have made me an offer for my x5 which is to expensive to repair. My car is a lovely X5 with heated red leather, automatic, and basically bought for my ease of use as I have disability issues. It is also on disability Road tax.
Now as a result of not knowing if the garage was going to accept liability I have been without a vehicle for 100 days.
Can I claim for "loss of use" I have read on the financial ombudsmen website that £10 a day is usually what can be offered. Should I just explain that it was inconvenient for me to use public transport. I have had to use taxis to get to hospital and back for my regular appointments, I also have to attend my local gym, to try and keep my joints and muscles moving. Can I put in a claim for more than £10 or is that too cheeky? Hiring a car was just was just going to workout too expensive. I am on benefits, and I couldn't afford to buy a new car. As the x5 was bought with my compensation money when I got finished from work.
The value I have been offered by the insurance is not going to buy me a car like the one we have, it is way below what I belive the value to be. I've looked on Whatcar parkers, Gumtree. EBay etc.
I have so much stuff floating around in my brain at the moment and I don't know what to put or how to word in the repose to the email offer I received late on Thursday.
Cam I claim for the insurance I have had to pay on the x5 while it has been in storage.
Or the cost of original work on the car that damaged it?

t*ovi

​​I have also been told to salvage the x5 myself, to contact my insurance company! can I bypass the insurance and maybe just sell on ebay as spares?

forgotmyname

You can claim for anything you like, whether you get it is another point.

Your insurance would have been due even if they had not broken the car so you are not losing anything there.

You could have cancelled the insurance if its in storage.

You paid for the original work which i assume they did. although you dont give details of what they did wrong?

t*ovi

We had a service done, as a result they had sheared or cracked the sump plate. The car went back in for repair, they put a new sump plate on, used the wrong type and too much silicone to seal the sump plate. As a result the silicone seaped into the engine and blocked pipes. This halted the car, it had to be towed to a local garage. Now the car needs a new engine.

EdGasket

Wow, that's an expensive oil change!

As above, claim for what you think are your losses but besar in mind you might not get it all. When you say 'claim' are you talking about nicely asking the garage or about sueing the garage or about some kind of insurance claim? To get most of what you want may involve the threat of or actual small claims court.

WellKnownSid

Nice bit of servicing. It's not too far removed from the method used to deliberately destroy engines from cars in the US scrappage programmes, ensuring they never get back on the road again. With sufficient heat and the right formula you can actually turn the insides of an engine into glass.

Do you have receipts for the taxi journeys? If you can prove an actual loss then you have a strong case. Although I suspect by the time you've actually subtracted fuel and running costs for a journey you would have done anyway, the difference may not be great - but if it's still more than £10 you have a case to claim.

It sounds like you can also prove their offer would not replace your vehicle.

That's important because writing off your car because they can't be bothered to repair or replace the engine seems to be a cop out.

You need to be put back in the position you would have been had the garage not made the mistake. I would personally press for your car to be repaired given their "derisory offer" which according to (a) Parkers, (b) Autotrader, etc clearly would leave you significantly out of pocket due to no fault of your own. Attach your evidence re: the cost of a replacement vehicle. Add that you have endeavoured to keep costs down (i.e. not hired an automatic car) - but that you are incurring daily costs due to your disabilities and are keeping a record of these expenses...

Keep the pressure up to get a settlement quickly.

dacouch

The Ombudsman is not applicable for your claim.

As others have mentioned, you can claim for what you're out of pocket for eg taxi costs etc.

There's no harm in asking for a payment for loss of use / inconvenience but be prepared to negotiate on this

arcon5

You can sell the car. The insurance company will take it as part of their settlement

s_b

hi
WellKnownSid seems to have covered it well in my opinion as someone who has had to fight for what was a reasonable payout for a no fault claim
any receipts all need to be sent in after copies made and as said you could ask for a replacement engine with warranty if a car of your type is not easily found
they have accepted liability so basically print off adverts thats prove their offer is derisory,remember these people are not your friends they are there to pay as little as they can,you mean nothing to them